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Home My WebLink About20181249v14DocuSign Envelope ID: 14D6EC11-53DA-40C3-BE39-7A0CB950C632 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality North Carolina Division of Water Resources Transportation Permitting Unit In -Field Minor 401 Water Quality Certification Modification Project Name/ TIP Project No.:R-2828; NC Hwy 540_ Date: August 4, 2023 DOT Division: —5 County: _—Wake DWR Project No. 201 81 249 ver 14 Permit Type: WQC#41 79 DOT Field Staff: _ Nicole Thomson— DWR Field Staff: Rob Ridings Modification Description Site 41: The temporary work trestle bridge was recently removed and per an earlier agency review, some of the bank stabilization originally called for and permitted at this Permit Site were ultimately determined to not be needed (concurred upon by both of you during the agency site walkthrough). Now there is a bank location originally permitted for temporary impacts that the JV wishes to convert to permanent bank stabilization. There was significant scour realized at this bank location now that the temporary work structure has been removed, some of which was influenced by beaver activity in the area. This change was discussed agency field review July 11, 2023. NCDOT (Turnpike Authority) formally requested in -field mod via email dated August 3, 2023. This change results in an increase in 57 linear feet of bank stabilization impact. (While results in a 57 feet decrease in temporary impact.) This impact needs no mitigation as it is not in thalweg but for bank protection. — a LLj a LLj o — = o ., 825 GRE ar C —7 7-11 PE' •.• m PE TL m _ p TYPE B-77 J m GREU TLC zcl� a' o... oTcti � SGE-Bk=x.AIL-2_8 wNEL60'/.'S 0O� F TEMPOFZAFZY VVOFZK aSTLE S ¢ .a i`nsg aN¢IP pe...r _ SEE OET�I� a�bliC 1/ ; � {f f�T— _ P}�G f � w _ , JT E $941 SITE 041 — 2/ fl' qlr a,. .,sle1.wiPT I p s FI ® ��o E �� ,� PE RMIT ID R.4W1 rV G SHEET 45 C�F 171 ioo 0 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA m•.h.d.fF .nwo�a\ /"� 919.707.9000 ,00 DocuSign Envelope ID: 14D6EC11-53DA-4OC3-BE39-7AOCB95OC632 6' BASE CHAJ4 wEL C1A.NCM WlCLALSS II FEIPVj P $EE OETALIL 2—'26 SITE #41 RI PRJIP AT EAP%A"W,.6AENT CLASS II RI PRAP SEE OE rAdL 23 "-k CM YfffffffJ I1Y'''!'a L. I S 1 hl Y411[ t-~_ t: YY P, I L K ® S e wares I %TE I SURF -ACE 'N RACE ,J4TERw This in -field modification is requred for the following reason(s): • The information contained in the application or presented in support thereof is incorrect in the following manner: • Conditions under which the original certification was issued have changed in the following manner: _ NCTA and Agencies have concerns at Permit Site 41 regarding banks eroding underneath the temporary structures. Significant erosion has been an issue on this stream's banks. D � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 gaparMeM of EmironmanW quay DocuSign Envelope ID: 14D6EC11-53DA-4OC3-BE39-7AOCB95OC632 This in -field modification is valid only if issued by an authorized agent of the Division of Water Resources, Transportation Permitting Unit' This in -field modification authorizes the NCDOT to Increase Bank Stabilization impacts by 57 linear feet, while decreasing the temporary impact by the same amount. This is for Site 41 on section R-2828 of the Complete 540 Project. In WAKE County. The project shall be constructed as described in the Modification Description and Sketch on Page 1 of this document dated_08/04/2023 to improve/construct the section of _NC 540_that extends from NC 55 to 1-40 . The approved design is that described in the Modification Description and Modification Sketch on Page 1 of this document dated _06/19/2023_. Any further changes to the original Water Quality Certification dated February 15, 2019, modified January 30, 2020, April 20, 2020, June 1, 2020, December 29, 2020, March 9, 2021, April 8, 2021, November 1, 2021, May 18, 2022, July 22, 2022, February 15, 2023, June 21, 2023, and July 19, 2023 may require a formal written modification request. The description of the proposed action provides adequate assurance that the proposed action in the Neuse River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Should your project change, you are required to notify the DWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all conditions. For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state, or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations. This Modification Approval shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. . Conditions(s) of Modification Approval: 1. As -built drawings of the proposed action shall be submitted to the NC DWR Transportation Permitting Unit within 30 days of completion of the action. 2. All the authorized action activities and conditions of the certification associated with the original Water Quality Certification dated _02/15/2019 and all other corresponding modification still apply except where superseded by this certification. 3. Modified Site (#41, section R-2828) shall be constructed in manner requested by NCTA in accordance with the request dated August 3, 2023 and in manner with the referenced Agency field reviews. Any variation will require an additional modification. Failure to construct the proposed action as described in the Modification Description and Sketch on this document and/or violations of any condition herein set forth may result in revocation of this modification approval and may result in criminal and/or civil penalties. This modification approval shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If the Corps of Engineers requires a formal written modification to the 404 permit for the proposed action, the NC DWR must require a formal written modification to the 401 WQC, and therefore, this in -field modification is invalid. If additional (wetland, stream, buffer) impacts for REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 14D6EC11-53DA-4OC3-BE39-7AOCB95OC632 this project (now or in the future) exceed (one acre, 150 linear feet, or one-third of an acre/150 linear feet, respectively), or if mitigation is required above and beyond the current mitigation requirement for this project, this in -field modification is invalid and a formal written modification is required. This in -field modification is effective upon the date the last party signs this document. This in -field modification is made upon mutual agreement between DOT and DWR as indicated by the signatures below and is, therefore, not subject to appeal by either party. Appeals by third parties must be made within sixty (60) days of notification pursuant to the contested case provisions of the Administrative Procedure Act, NC Gen. Stat. §150B-23 et seq. DWR Field Staff Signature DocuSigned by: 7 E80ECA32C7C38490 Date: 8/4/202 3 DocuSigned by: Iti- t, Jt,bwtWu DOT Field Staff Signature: 788FCFF5084D43B... Date: 8/4/2023 1 — An authorized agent of the Transportation Permitting Unit is defined as DWR staff that are DOT -funded and review and issue 401 Water Quality Certification for DOT projects. These staff include Central Office and Regional Office personnel. REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly